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07-21-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL JULY 21, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Fowler) City Events and Announcements • Announcements of upcoming City Events ( /B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) New Employee Recognitions • Nichole Solis Douglas, Crime Victim Liaison (D. Wait /M. Hansen) Presentations • Presentation regarding a new payment kiosk located at the YMCA. (D. Wait /S. Willoughby /C. Spence) • Presentation and update regarding CCMA wastewater rates. (D. Wait /S. Willoughby /C. Ellis) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 07 -21 -2015 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific.factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of July 1.4, 2015. . (J. Kessel /B. Dennis) 2. Resolution No. 15 -R -46 — Consideration and /or action approving a Resolution authorizing a Reimbursement Agreement with Titan Development. (J. Kessel /B. James) 3. Resolution No. 15 -11-61 — Consideration and /or action authorizing a perpetual easement for constructing, operating, maintaining, and repairing a storm system and related drainage improvements with Additional 6, LLC, a Texas Limited Liability Company. (J. Kessel /B. James) Roll Call Vote Confirmation Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 6. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment 07 -21 -2015 City Council Agenda Page - 2 - CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 17th DAY OF JULY 2015 AT 2:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevuLln I-)evuv,, 'bs Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board 07 -21 -2015 City Council Agenda Page - 3 - Mayor Pro -Tem Edwards — Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Fowler —Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 07 -21 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 21, 2015 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on July 14, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of July 14, 2015. Minutes — Regular meeting July 14, 2015. MINUTES REGULAR MEETING July 14, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 14, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Councilmember Jim Fowler Councilmember Daryl John Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Councilmember Grumpy Azzoz Councilmember Robin Thomnsc City Manager John Kessel Executive Director Dudley Wait City Attorney Charles Zech: Mayor Carpenter and Mayor Pro -Tem Edwards were abs Call to Order Councilmember Fowler called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the flags of the United States and the State of Texas (Councilmember Robin Thompson) Councilmember Robin Thompso ,provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of'Texas. • Announcemeiltsi of, upcoming City Events (B. James /D. Wait /B. Cantu) Councilmember Fowler recognized-Executive Director Brian James who provided the following • Wednesdays July 15 - VIR taffing Ribbon Cutting, 1256 FM 78, Ste. 110, 4:00 p.m. • Friday, July 17-11 Ribbon Cutting AWood Creek Vapory, 1420 Schertz Parkway, Suite 200, 1 1:00 a.rn., • Saturday, July 18 =: chertz Chamber of Commerce Home Living Showcase, Schertz Civic Center 10:00 a.m. - 2:00 p.m. Free admission, over 60 vendors in attendance. • Monday, July 201h, Operation Comfort Fund Raiser, 11:00 a.m. to 3:00 p.m., sponsored by Grumpy's Cafe, 1.8817 FM 2252; proceeds will be donated to charity. • Tuesday, July 21, Chamber Monthly Luncheon, Schertz Civic Center, TxDOT Updates & Proposed Projects for area roadways, Schertz Civic Center, 1.1:30 a.m. to 1:00 p.m. 7 -14 -2015 Minutes Page - 1 - • Saturday, August 1, City of Marion Sausage Supper, St. John's Lutheran Church, 606 S. Center Street, 9:00 a.m. -11:00 p.m. Events include a parade, trade days, meals, games, bingo, auction, live music & dancing. • Saturday, August 15, Schertz Idol Finale, Crosspoint Church, 5:00 p.m. The City of Schertz will be holding its' General Election on November 3, 2015 for the purpose of electing Council Members in Place 3, Place 4 and Place 5. Any candidate desiring to have his or her name on the official ballot shall, no sooner than July 25, 2015 and no later than August 24, 2015 by 5:00 p.m., file with the City Secretary an application in writing requesting that his or her name be placed on the Official Ballot. The term of office for said vacancies will expire November 2017. Candidate packets are available in the City S www.schertz.com. Announcements and recognitions by ( No announcements were provided. Recognitions • Schertz Sweetheart Court Awards (L. can be found online at Luling Watermelon Thump 2015 62nd Parade - 1 st Division 4 - Visiting Float Luling Watermelon Thump 2015 Sweepstakes Grand Prize Judges' Award Hearing of Residents Councilmember Fowler recognized the following individuals who spoke: • Ms. Lisa Connolly, 3720 Limestone Cove, with the Schertz Humane Society who came forward thanking the City for hosting the 14th Annual Doggie Dash. Ms. Connolly presented Council with a plaque of appreciation as well as passed out some T- shirts. • Mr. Larry Thompson, Garden Ridge, who came forward providing information on an upcoming seminar he is hosting in the City of Garden Ridge titled "Refuse to be a Victim ". He stated that he had sent the information to Councilmember Azzoz as he thought it would be a good seminar for the City of Schertz and he had inquiries from more than one Schertz resident wanting to attend. Mr. Thompson provided 7 -14 -2015 Minutes Page - 2 - Council with his background of accreditation. Councilmembers and Management indicated that Councilmember Azzoz had passed on the information and that the City will look into the possibility of also hosting this seminar in the City of Schertz. • Mrs. Clare Layton, 12231 Lost Meadows Drive, who asked where the Mayor and Mayor Pro -Tem were this evening. She indicated that in the past the former Mayor always mentioned the absence of council members. Mrs. Layton addressed the Council regarding a statement that was made last week that should not go unchallenged. She quoted "I would not ever ask the Police Chief to come get me off the dais for my wife or any member of my family calling. I don't believe it is an effective use of tax dollars to utilize 911 for an emergency in that manner ". She stated her opinion on why the comment was made. Mrs. Layton provided an addition to the opening prayer stating: (`Please protect the members of our armed forces and watch over Schertz first responders. Also, bless their families because they too make sacrifices so that all who live in the City are kept safe. Amen." Mrs. Layton commented on the importance of attendance or providing a donation to Councilmember Azzoz's charitable event on July 20, 2015 regarding the `Operation Comfort' Fund, Raiser. Discussion and Action items The following was UTION NO. 1.5 -R -60 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR METRO 911 BUDGET FOR FISCAL YEAR 2016, AND OTHER MATTERS IN CONNECTION THEREWITH Councilmember Fowler recognized City Manager John Kessel who introduced this item answering questions from Council. Mr. Kessel stated that this item is to recommend approval of the Bexar Metro 9112016 budget, which is our 911 services in our three (3) county area. This is a service that is not paid for out of City taxpayer dollars, but is a charge on all cell phones and land lines for anyone that is in those three counties. This funds the 911 service we all utilize when we call 911 or for emergencies on the interstate. He stated that the budget that is in front of you was downloaded to your IPads for you to review. He stated for the record it is about $42 million dollars' worth of budget, but the operating expense is about $6 million. They are not proposing rate increases. The rates have remained flat since 7 -14 -2015 Minutes Page - 3 - the life of the 911 project and since its inception has relied on the growth in the region to add to the capacity. The major components that they provide are a redundancy for all different 911 services, which is a really good feature. They also upgrade that particular service in our region and one of the big action items we are looking forward to with it is to take our 911 service to the next generation that is able to deal with more features of cell phone use. This is a big advantage. The action by City Council that staff is recommending is approval; the most important thing that the Council should know is that this is largely symbolic, as the three (3) counties vote is what it takes to approve the budget and many of the smaller communities are not sufficiently large enough in the system to affect more than voice of support or voice of opposition. However, this is very meaningful for a community to support or oppose a budget like this because it sends a strong message. The final information he would like to share is that in the recent grant we received was for upgrades to our dispal our 911 Dispatch Center with modular equipment through He stated the budget has no increases in 911 1 of Schertz beyond what they pay today. He is Councilmember Fowler recognized Councilmen Thompson to approve Resolution No. 1;5,-R '-6( Fowler, Azzoz, John and Thompson voting fi was absent. Motion passed. 3. 0 and is by • I'l1ttz n.nuaOs • Recognition of City employee actions • New Denrtmental initiatives No further announcements were provided. will her Azzoz w The vote v r and no one moved, seconded by Councilmember unanimous with Councilmembers sting no. Mayor Pro -Tem Edwards for agenda items 1 and 2. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Fowler recognized Councilmember Azzoz who inquired where the $2 million dollars was that was given to us by TxDOT for the FM 3009 sidewalks project. Councilmember Azzoz also inquired about the money that was budgeted last year for the restrooms that were to be placed at the Playscape. 7 -14 -2015 Minutes Page - 4 - 5. Councilmember Fowler recognized City Manager John Kessel who asked Councilmember Azzoz if he wanted these as agenda items or would it be possible to provide this as information to the full Council. Councilmember Azzoz concurred. Councilmember Azzoz also asked for an update from Evergreen Solutions on the Salary Classification and Compensation Survey. City Manager John Kessel stated that this is targeted to come to Council on July 28, 2015 provided we can get the final information. He stated that they had a conference call this afternoon to see if we will be in a position to have the draft information from Evergreen. They are still working on this and it is our intention to come to Council on July 28th with that information. Mr. Kessel stated that this would be a draft document until Council approves it. There is a lot of detail and information so it may be that Council would want to review this,• we will call this a draft until it is approved. Announcements by Mayor and Councilmembers • City and community events attended and to be • City Council Committee and Liaison Assignen • Continuing education events attended and,to be • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Councilmember Fowler recognized Cc the July 20, 2015 fundraiser explaining Diaz. Adiournment Meeting was adjourned at 6:37 G M Brenda Dennis, City 7 -14 -2015 Minutes Page - 5 - amented on the importance of the family members of Officer Councilmember Jim Fowler, Presiding Officer Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: July 21, 20] 5 Department: City Manager Subject: Resolution No. 15 -R -46 Consideration and /or action approving a Resolution authorizing a Reimbursement Agreement with Titan Development. (J. Kessel /B. James) BACKGROUND Goal Provide for reimbursement to Titan Development for engineering design costs incurred as part of drainage channel improvements. The drainage channel system was designed to serve an almost 400 acre area generally adjacent to and south of Tri- County Business Park was initially constructed as part of 2007 agreement between the then previous owners of the Titan Development property, the previous owners of the Caterpillar property, the owner of a third property, the Schertz Economic Development Corporation (SEDC) and the City of Schertz. The three property owners and the SEDC shared the construction costs. Subsequent to the construction of the channel systems, development began occurring on multiple properties within and outside the area covered by the agreement. In order to adequately convey all of the drainage flows, alterations to the original channel design to address the impacts to both the Titan property and Caterpillar property were necessary. In an effort to facilitate the improvements the City is proposing to reimburse Titan Development for the engineering costs associated with designing the improvements. The private property owners are sharing the cost of the construction. Resolution No. 15 -R -46 authorizes the City Manager to enter into a reimbursement agreement for not more than $15,000. Community Benefit The improvements to the channel allow it to function appropriately as it conveys flow from the larger region. Summary of Recommended Action City staff recommends granting the easement. W.YG��M Up to $15,000. Approval of Resolution No. 15 -R -46 ATTACHMENT(S) Resolution No. 15 -R -46 Reimbursement Agreement RESOLUTION NO. 15 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING DESIGN REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND TITAN DEVELOPMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Titan and Caterpillar Inc. have entered into a letter agreement for the purpose of designing and constructing improvements to certain drainage facilities (the "improvements "); and WHEREAS, the improvements will be of benefit to the City in that they will improve drainage within the region of the improvements; and WHEREAS, said regional drainage improvements are of a public benefit to the City; and WHEREAS, the City has agreed to reimburse Titan the actual cost of the design of the improvements ($14,800.00); then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council authorizes the City Manager to enter into the agreement generally as shown in the attached Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of July, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ENGINEERING DESIGN REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND TITAN DEVELOPMENT THIS AGREEMENT is entered into by and between the City of Schertz, a Home Rule City located in Schertz, Texas, (the "City ") and Titan Development, Titan Lookout, LLC, a Texas limited liability company ( "Titan "). WHEREAS, Titan and Caterpillar Inc. have entered into a letter agreement for the purpose of designing and constructing improvements to certain drainage facilities (the "improvements "); and WHEREAS, the improvements will be of benefit to the City in that they will improve drainage within the region of the improvements; and WHEREAS, said regional drainage improvements are of a public benefit to the City; and WHEREAS, the City has agreed to reimburse Titan the actual cost of the design of the improvements, NOW, THEREFORE, THE CITY AND TITAN AGREE AS FOLLOWS: 1.0 Terms and Conditions Titan shall pay an engineer, whom they and/or Caterpillar Inc. engaged, to design the Improvements ( "Cost of Design "). The City shall, upon being presented an invoice(s) for the actual work completed for the Cost of Design, pay Titan the invoiced amounts up to a total invoiced amount not exceed fourteen thousand eight hundred dollars ($14,800.00). 2.0 Effective Date This Agreement is effective as of the date of the final signature affixed below. 3.0 Texas Law to Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Guadalupe County, Schertz, Texas. 4.0 Notice All notices sent pursuant to this agreement shall be in writing and may be hand delivered, or sent by registered or certified mail, postage prepaid, return receipt requested to the following addresses: City: Mr. John Kessel 1400 Schertz Parkway Schertz, TX 78154 Titan: Mr. Kurt Browning Titan Lookout Management 9601 McAllister Fwy, #11.20 San Antonio, TX 78216 5.0 Legal Construction It is the intent of the parties that each part of this Agreement is essentially dependent upon every other part, and if one part is held invalid, the entire Agreement shall be void. 6.0 Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party which are not embodied herein and that no other agreements, statement, or promise not contained in this Agreement shall be valid or binding. No modification concerning this instrument shall be of any force or effect, excepting a subsequent amendment in writing signed by the parties. 7.0 Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties to it and their respective legal representatives, successors and assigns where permitted by this agreement. IN WITNESS WHEREOF, the City and the City have hereby entered into this agreement. John Kessel City Manager City of Schertz Date: By: Date: Kurt Browning Chief Development Officer Titan Lookout, LLC, a Texas limited liability company By: Titan Lookout Management, LLC, its Manager City Council Meeting: Department: Subject: Goal Agenda No. 3 CITY COUNCIL MEMORANDUM July 21, 2015 . Development Services Resolution No. 15 -R -61 — Consideration and /or action Approving an easement for constructing, operating, maintaining and repairing storm drainage system and related drainage improvements to Additional 6, LLC. Provide an easement to Additional 6, LLC for constructing, operating, maintaining, and repairing a drainage system and related improvements as part of The Crossvine development on the property previously dedicated to the City of Schertz for a park. The facility will provide for a drainage channel from the next phase of The Crossvine across the City owned park to the existing detention pond. The benefit to the City and park is that it more efficiently conveys the existing drainage that is flowing across the park within a channel. Resolution No. 15 -R -61 approves a perpetual easement associated with the drainage channel. Community Benefit The new easement will allow for the construction of a drainage channel on the park property that will serve to better convey drainage across the park and into the existing detention pond that serves as a park amenity. Summary of Recommended Action City staff recommends granting the easement. FISCAL IMPACT None. The developer will be responsible for the construction, operation, maintenance, and repair of the channel. RECOMMENDATION Approval of Resolution No. 15-R-61 ATTACHMENT(S) Resolution No. 15-R-61 Easement Document RESOLUTION NO. 15 -R -61 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PERPETUAL EASEMENT FOR CONSTRUCTING, OPERATING, MAINTAINING, AND REPAIRING A STORM SYSTEM AND RELATED DRAINAGE IMPROVEMENTS WITH ADDITIONAL 6, LLC, A TEXAS LIMITED LIABILITY COMPANY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver a perpetual easement for the purposes of constructing, operating, maintaining, and repairing a storm system and related drainage improvements with Additional 6, LLC, for the use, benefit, and control of Additional 6, LLC ( "Grantee "); and WHEREAS, Schertz 1518,. Ltd. granted a tract of land to the City of Schertz for a future park; and WHEREAS, the drainage channel will provide for improved flow of drainage across the City's park property; and WHEREAS, drainage channel that will provide for improved flow across the property to the existing detention pond that serves as an amenity to the City Park that benefits the entire community; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the perpetual Drainage Easement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the perpetual Drainage Easement to the Grantee in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Drainage Easement attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of July, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A EASEMENT AGREEMENT DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR § WHEREAS, THE CITY OF SCHERTZ, a body politic and corporate and a governmental agency of the State of Texas ( "Grantor "), whose address is 1400 Schertz Parkway, Schertz, Texas 78154, is the owner of a certain tract of land situated in Bexar County, Texas ( "Grantor's Property "); and WHEREAS, Grantor desires to create, grant and convey certain easement rights over, across and within the portion of Grantor's Property (the "Easement Area ") described on Exhibit A attached hereto and incorporated herein by reference, for the benefit of ADDITIONAL 6, LLC, a Texas limited liability company ( "Grantee "), whose address is 8227 Elm Glade, San Antonio, Texas 78251, together with all existing and future owners of the real property situated in Bexar County, Texas (the "Benefited Property' ), being more particularly described on Exhibit B attached hereto and incorporated herein by reference. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter set forth and other good and valuable consideration paid to Grantor, the receipt and sufficiency of which are hereby acknowledged, Grantor agrees as follows: 1. Grantor hereby creates, grants and conveys unto the Grantee a perpetual easement and right -of -way (the "Easement ") over, across and within the Easement Area for the purpose of constructing, maintaining and repairing storm system and related drainage improvements in the Easement Area (the "Drainage Improvements "). 2. The right is reserved by and unto Grantor and all future owners of Grantor's Property to use the Easement Area for any and all purposes, provided such use shall not interfere with the use or purpose of the Easement or the exercise by Grantee of the rights herein granted, including the right to construct any desired improvements on, above or under the Easement Area so long as the improvements constructed allow the storm water drainage from the Benefitted Property to outflow in accordance with governmental requirements. Grantee and its respective successors and assigns and future Association shall have the right to prevent interference with the Easement and to remove all possible hazards thereto, which right shall be enforceable by any means available at law and /or in equity. 3. The Easement granted hereunder shall constitute a covenant running with the land for the benefit of the Grantee and the Benefited Property, and shall burden Grantor's Property and bind the owner(s) thereof. 4. The terms of this instrument shall be governed and interpreted according to Texas law, and venue for any disputes between the parties hereto shall be in Bexar County, Texas. C:\ Users \BJ4422 \Downloads \Drainage Easement (2).docx Page I 1 5. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. 6. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, damages, liability and related expenses (including, without limitation, the costs of litigation and attorneys fees) arising out of the breach of this Easement, personal injury or death or damage to Grantor's Property caused by Grantee or Grantee's employees, contractors or subcontractors, not caused by Grantor or Grantor's employees, contractors or subcontractors. 7. Each party shall have and be entitled to enforce all rights and remedies at law or in equity including the following: If either party defaults in the performance of its obligations hereunder and the default is not cured within thirty (30) days following delivery of written notice, then the non - defaulting party shall have the right to perform such obligation on behalf of the defaulting party, in which event the defaulting party shall immediately pay to the non - defaulting party all reasonable amounts expended plus an administration fee of fifteen percent (15 %) of such sum, together with interest thereon at the maximum amount permitted by law from the date the amounts are expended until the date repaid. In the event of a breach by any party hereto of any obligation of such party under this Agreement, the non - defaulting party shall be entitled to injunctive relief mandating compliance herewith, and shall be entitled to obtain a decree hereunder. The undersigned hereby acknowledge and stipulate the inadequacy of legal remedies and irreparable harm which would be caused by the breach of this Agreement, and such non - defaulting party shall be entitled to relief by any and all other available legal and equitable remedies from the consequences of such breach, including termination of the Easement. Any costs and expenses of any such proceeding, including reasonable attorney's fees, shall be paid by the defaulting party. 8. This instrument may be executed in one or more counterparts each of which when taken together shall constitute one instrument. TO HAVE AND TO HOLD the above described Easement and other rights unto the Grantee, its successors and assigns forever (subject to the terms hereof and all matters of record), and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular, the above described Easement and other rights unto said Grantees and their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. [The balance of this page intentionally left blank. Signatures appear on the following pages.] C:\ Users \614422 \Downloads \Drainage Easement (2).docx Page 12 EXECUTED to be effective as of the STATE OF TEXAS COUNTY OF BEXAR day of June, 2015. GRANTOR: THE CITY OF SCHERTZ By: Type or Print Name: Title: Before me on this day personally appeared , of THE CITY OF SCHERTZ, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this Texas AFTER RECORDING RETURN TO: 8227 Elm Glade San Antonio, Texas 78251 day of , 2015. Notary Public in and for the State of C:\ Users \BJ4422 \Downloads \Drainage Easement (2).docx Page 13 Exhibit A Easement Area [See following pages] C: \Users \614422 \Downloads \Drainage Easement (2).docx Page 14 VIR19 UUNSE NO. 10122300 FIELD NOTF;S 1, Olt A 0.41155 UN AN ACRE, 20' WIDE DRAINAGE EASEMENT A 0.4055 of tin acre. tract of land, a Proposed 20 foot wide. Drainage Easement, out of the Julian Diaz Survev No. fife, Abstract No. 187, County Block 5059 and over and across a 13.10 acre tract conveyed to City of Schertz of record in Volume 143:12 Page 1215 of the Oflicial Public Records of Real Property of Boxar County, 'Texas and being more particularly described by inctcs and bounds as follows- BEGINNING at a found %" iron rod wi►h a cap statuped "I7MC 3403" in the northeast line of a 6.00 acre tract of land conveyed to Additional 6, LLC of record iii Volume 16469 Page 2047 of the Official Public Records ol" Bexar County, Tc:xas, for the southwest cosier the 13.10 arse tract and the southeast corner of a 15 foot Urainaoe and Utility Easement in the Sedona Unit No. 1, a subdivision plat of record in Volume 9783 Panes 73 -I8 of the Peed and Plat Records of Bexar County, Texas, for the northwest corner of the easeiticnt described herein; THENCE: N 60 011'54" 1, along and with the common line cif the 15 foot Drainagc and utility Easement and the 13. Ill acre tract, a distance of 20,00 feet to a tics 1/2" iron rod with Yellow Plastic Calf Stamped "KFW FASEMENT" in the southeast line of Lot 14, Block 2 of Sedona Unit No. 1, for the northeast corner of the Casement described herein; THENCE: Leaving the Southeast title cif l.o► 14, Block 2, over and across the 13.10 acre tract, the following twenty -twit (22) courses: 1. S 29°48'06" E parallel to and 20 feet f'roin it'(' northeast line of the 6.00 acre tract, it distance of 397.13 feet to a scat 1 /2" iron rod with Yellow Plastic Cup Stamped "KFW EASEMENT ", for a point of curvature to the. left of the easement described hercin, 2. with a curve to the left, having all arc of 22.22 feet, a radius of'27.50 feet, a delta of 46'18111111, and a chord bears S 52US7'I1" E, a distance of 21.62 feet to a set 1/2" iron rod with Yellow Plastic Cap ,Stamped "K -, %V EASEMENT", Fora point of tangency, 3. S 76 "06'16' E, a distance: of 10.62 feet toil set 1 /2" iron rod with Yellow Plastic Cap Starnpecl "KF\V IEASI',MENT for a point of curvature to the right of the casement described herein, 4, with a curve to the right, having an arc cif 30.71 feet; a radius of 37.50 feet, a delta of 46 °5512311, and a chord hears S 52 "38135" E, it distance ol` 29.86 feet to it set 1 /2" iron rod with Yellow Plastic Cap Starnped "KFW EASEMENT ", fir it paint of tangency, 5, S 29 °10'53" E, a distance, of 139.86 reel to it set 1 /2" iron rod with Yellow Plastic Cap Stamped "KFW EASEMENT", for a point of curvature to the left of the easement described herein, 6, with a curve to tile left, having an arc of 37.16 feet, a radios of :37.50 feet, a delta of 56 "46126" and a chord bears S 57'34'116" F, a distance of 35.66 feet to it sot 1/2" iron rod with Yellow Plastic: Clip Stamped "KFW EASENIFNT" for it point of tangency, 7. S 85 057'20" 11;, a distance of'70.31 feet to a set 112" iron rod with Yellow Plastic Cap Stamped "KFW EASCME:N'.1 "', for a point cif curvature to the left of the casement described herein, C;\ Users \814422 \Downloads \Drainage Easement (2).docx Page 15 8. with it curve to the left, having an arc of 18.42 feet, it radius of 87.50 feel, a delta of 12 003'39 1', and a chord bears N 88 '400151" E, a distance of 18.38 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KFIV EASEMENT ", fora point of tangency, '). N 81"59'02" E, a distance of 94,29 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KFW EASEMENT ", for a point of curvature to tite left of the easement described herein, 10. with a curve u1 the left, having an arc of 8.01 feet, a radius of 26.21 feet, a delta of 17 130'48 ", and a chord bears N 72 156'.>"5" E, a distance of 7.98 feet to a set 1/2" iron rod %vith Yellow Plastic Cap Stamped "MV EASEMENT ", fora point ni'tangcncy, 11. N 63 °55103" 1 , a distance. of 39.31 feet ton set l/2" iron rod with Yellow Plastic Cup Stat»peki "KFW EASEMENT", for the sisterly corner ol'tlre easement described herein, 12. S 26 °04'57" E, a distance of 20.00 feet to a set 1 /2" iron rod with Yellow Plastic Cap Stamped "KFW EASEMENI' ", for the southeast corner of the easement described herein, 13, S 63 055103" W, a distance of 39.41 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KItiV EASEMENT", for a point of curvature to the right of the easement described herein, Itl. with a curve to the right, hawing an are of 14.10 feet, a radius of 46.22 feet, a delta of 17 °28'27 ", and a chord bears S 72 °55'48" W, a distance of 14.04 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KFW EASEMENT", for a point of tangency, 15. S 81 °59'02" NV, a distance. o1' 94.41 feet to a set 1 /2" iron rod with Yellow Plastic Cal) Stamped "Ki =1'�' EA51 M} NT" for a point of curvature to the right of the easement described herein, 16, with a curve to the right, )raving an are of 22.63 fever, a radius of 1(17.5(1 feet, a delta of 12 °03'39 ", and a chord bears S 88`00'51" NV. a distance of 22.59 loct to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KFtiV EASI -ENT ", fora point of tangency, 17. N 85-57'20" '4i', a distance of 70.31 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KINV EASEMENT ", for a point of curvature to the right of the casement described herein, 18. with a curve to the right, having an are of 56.98 feet, a radius of 57.50 feet, a delta o1' 56'46'26 ", and a chord hears N 57 °34'06" W, a distance of 54.67 feet to a set 1/2" iron rind with Yellow Plastic Cap Stamped "KBNI EASEMENT ", for a point of tangency, 19. N 2910'53" W, a distance of 139.86 feet to a set 1/2" iron rod witli Yellow Plastic Cap Starnped "KFtii' EASEMENT ", for a paint of curvature to the left of the easement described herein, 20, with a curve to the left, having an arc of 14.33 feet, a radius of 17.50 feet, a deltas of 46 °55'23", and a chord hears N 52 °38'35" NV, a distance, of 13.93 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KFW EASEMENT ", fora point of tangency, 21. N 76 °06'16" W, a distance of 10.62 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "KFW EASENIEN'I T", for a point of Curvature to the riE:ht of the easement described herein, and 22, with a curve to the right, having an are 11'38.39 feet, a radius of 47.50 feet, a delta of 4618110", and a chord bears N 52 °57111" W, a distance of 37.35 feet to a set 1/2" iron rod with Yellow Plastic: Cap Stamped -KFW EASEMENT "' in the northeast line of the 6,00 acre tract and the southwest line of the 13.10 acre tract, for it point of tangency; C:\ Users \614422 \Downloads \Drainage Easement (2).docx Page 16 THENCE: N 29 °48'06" W along and with the cornmon line of the 6.00 acre: tract and the. 1:3.10 acre tract, a distance of 397.13 lint to the POINT OF BEGINNING and conwining 0.4055 acres or 17,664 sdUare feet more or less, in the City of Schertz, Bexar Cruin(y, Tex,ls. Said easement heing described in accordance with an exhibit prepared by Kl'W Surveying, d t .tnb No.: Prepared by Date: File: 12 -025 KNW Su"vyinL May 21. 2015 SADrati+; 201. 2 \12 -025 Sedono Trails'-DOCS \1'N 0.4055 AC V -) .. C:\ Users \614422 \Downloads \Drainage Easement (2).docx Page 17 rvutts _ 1.13EAR1NGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUlI I CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. ��• ya 2. TIME TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SAN ANTONIO AND BEXAR COUNTY ORDINANCES AND or RESTRICTIONS, scrcE:1 =fco' �i sns-J 3. METES AND BOUNDS WERE PREPARED FOR THIS EXHIBIT. `• 4. SET IRON PINS ARE 112" DIAMETER REBAR WITH A CAP o' ror STAMPED "KFW EASEMENT'. LOCATION MAP NOT-TO -SCALC SYMBOL LEGEND 0 FIR FOUND 112' (RON ROO OR AS N07-E0 0 S(R SET 112.1 /1011 ROD W(IHA YEU.OW CAP STAMPEO'K) W EASE.ifFur P.0.8 POINT OF61—ocl'NNG BLOCK 2 SEDONA UNIT NO. 1 (VOL. 9583 PGS. 73.78) 13,10 ACRES 14 (VOL, 14332 PG, 1215) OWNER: CITY OF SCII[RTz. CV 1 3 JULIAN DIAZ SURVE Y NO. 66, ARS. NO 187 COUNTY BLOCK LU 5059, BEXAR COUNTY, TEXAS . - Z R S29 °48'06 "E 397.13' S(R , / Uj n 7 E FIR I cn N60 °11'S' D.uc3409' N29 °48'06 -W 397.13' sa' 20.00' E. R. 1: VANS SURVE'YNo) 60, ABS. NO, 216 COUNTY Q P. 0.11. BLOCK 5060, DEXAR COUNTY, /FXAS W 6.00 ACRES �t (VOL. 16469, PG. 2047) j Z 0.4055 A6RE TRACT OWNER: ADDITIONAL 6, LLC (17,664 SQ. FT.) 20' WIDE DRAINAGE EASEMENT } curet Tablo Curve .LENGTH I RADIUS ( DELTA CHORDBRC GHORDDIST N/OSA ,S 0/ 2222 2150' 40 18 f0' S52' S7' f r'p 21.62' .�( 9 9f jcA i CZ 9077 1 3100' 46 5529' SOT 36'35'8 1086'f ir'i S9i C C9 I9 .I;i' f7,6Q'' 46,55,23* N�T'38'J6tiV r - V FIR - -.r. - 0 �s1R 5.0' SIR G% l.rnOlaQb LfWg # 1£1t�TH i N17LCTlO:V :, IJ 10, G2 !, S76 ^5' 16'F, 1°+'°•`°. c''' _.._.... -. r 2 10.62 N7u ur' 16av 56729 " E •. \ A. EGISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 � r MAlUTSEIDELC00WENGINEERS.COM F OF SURVEY: J PROJECT NO.: 2 -028 zl /7.0]5 EX/a!B/T OF AD.�DSS PF NtACRF TRACI W LN,D.A FROFrjSED 20'Wh 'Oivl.Y1ACFFi*Sfxrf!!!; OJT OF TrfF. Jl1(WN (1(RL 5URYEYA'0. LC•AAJlNACI M7. f4T, CCIIN7YIl.00:R.wp9A.tD OYFRNIDACA ()t:SAr7.f0ACRC-TRACT4'aV ;YLolOC(1Y0Fsc4MT70. ".)'y GWU n'CWC'Rrblrsdrrr 1N VOt.Utr£liYJ7(�AGE 17lSOr 7)I:CFFT�IAL FVGLY'R£CQSDSCi ' lU JL rFY #`hRTY - ----- ITMe CF MAR C(XINIY• ILXAS r /W)1Ya'fiVVMll({t1fN.N r,(YRrQ'1J33r{I n..- . -. T lr: ` St ME 1OF2 INCA 4YLY,TIIA }Mil.Y A{Jp;t:DlhCMWr�W )INr nr351Q5r',A.y}(1q tnAVynllLd GtCT'Ntt!!l Vrnp,S{Vntyky(V IVl1 ?R7:MLI /l lLhti'1 IrC,YG.tYPVf V{ltUy �W(!yl- IL.iYS.�MX1 yh3= .il4�� I�tu lY.vllei: aui,vu C:\ Users \B14422 \Downloads \Drainage Easement (2),docx Page 18 NOTES 1.8EARINGS ARF. BASED ON THE STATEPLANF_ COORDINATE SYSTEM ESTABLI SHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. P. THE TRACT SHOWN I IERF.ON IS SUBJECT TO ALL CITY OF SAN ANTONIO AND BEXAR COUNTY ORDINANCES AND RESTRICTIONS. scJ1LE: r =uxr 3. METES AND BOUNDS WERE PREPARED FOR THIS EXHIBIT, 4. SET IRON PINS ARE 112 "DIAMETER RF.BAR WITHA CAP 0. — 1� STAMPED KFW EASEMENT" SY_SLHp(, LtUE�:D O F!R FODND 112'IRON ROD ORAS 1407EO O S!.4 SET 1r2-IRON ROD WIPIA YELLOW CAP STAI /.PED'XF:Y61SE1fE1l1' Y,O,H. POh`7T 4f- B &GClA!(N(i S26 °04'57 "E 20.00' N63 °55'03'E SrR OsIRS63 055'03 "W 39 31'— 0.4055 ACRE TRACT SIR ! C5 - -'& OS(R (17,664 SQ. FT.) OSiR -- C6 20' WIDE DRAINAGE EASEMENT / N81 °59'02 "E 94.29' 1 r S81 °59'02 "W C4O rj1 94.41' LOCATION! IvU \P NOT-TO -SCALB SIR 13.10 A CRES S85 °57'20 °E srRA f�sICR7 (VOL. 1.1332 PG, 1215) W 70.31 ' OWNER. CITY OF SCHERTZ Z � S29 °10'53 "E s,R7 N85 °57'20 "W iW y39_84 - srg¢3 P yjSIR 70.31' LN29`10'S3" 0 — s C8 W 139.86' Z 53.618 ACRES N.C.B. 16560 ti (VOL. 8237, PG, 1538) OWNER: AL VIN L. GRFAVES CHORD DIST 18,38' ... 14.04' _.__.. 22.59' 54.67' u ;URVF.YOR NO. 56721 DM oul)vcl: w /cl /l,uU PRC)1F.CT NO,: 12028 I LA �,�j•'. \1/ A0.405S0')ACRE 7RACTCFIN.%). AYRCFOSF,C X, "Oi(,F Cr45v1ROLLA,S&4lfNr, IN\�fJ \�1 CU(UF 7Y5 Allis -)ONZ SLWVLY110.44. ARSTRACTIjO, JUl, LI.:UA'lYFLQ:�C _CSAA: J;J 11 W OYGN Ah'D AChUSSA 1] IU AC7IL 1RAC7 L0, \SrcYEh 704'ilYVF SGICtR fZ OF RECQR!J nrxR.�'Ywf... )r!'JCi.( /IAr.it,l17 F`AGE 1: f5 a- TNF Vl)CtA! PUULICRECOJQ S CF REAL P1tCFLR1Y Ov 135WR 00111, J Y, fL AS .c.cro;.:wrvr)ts ertv """"N"M 04-01:1 meaew" n>. urmrxrnr... n.,. .—e .. 1—..— ......... — SI- IC -81`. 2 OF 2 C:\ Users \B14422 \Downloads \Drainage Easement (2).docx Page 19 Curvo Table Curve N LENGTH RADIUS DELTA CHORD 8RG C3 37.16 37.50 66'46'26' S57'34'06E C4 10.42' 87.50' 12'03'39' N86' 00'51 E C5 8.01' 26.21' 17' wo N72, m, 5v5'E.. C6 14.10' 48,22" 17'28'27 - S72'55'40W C7 2Z67 107.59' 12' 03'39_ S88' 00'51W C8 56.98' 57.50' 56 46'26' N5T 34'061V CHORD DIST 18,38' ... 14.04' _.__.. 22.59' 54.67' u ;URVF.YOR NO. 56721 DM oul)vcl: w /cl /l,uU PRC)1F.CT NO,: 12028 I LA �,�j•'. \1/ A0.405S0')ACRE 7RACTCFIN.%). AYRCFOSF,C X, "Oi(,F Cr45v1ROLLA,S&4lfNr, IN\�fJ \�1 CU(UF 7Y5 Allis -)ONZ SLWVLY110.44. ARSTRACTIjO, JUl, LI.:UA'lYFLQ:�C _CSAA: J;J 11 W OYGN Ah'D AChUSSA 1] IU AC7IL 1RAC7 L0, \SrcYEh 704'ilYVF SGICtR fZ OF RECQR!J nrxR.�'Ywf... )r!'JCi.( /IAr.it,l17 F`AGE 1: f5 a- TNF Vl)CtA! PUULICRECOJQ S CF REAL P1tCFLR1Y Ov 135WR 00111, J Y, fL AS .c.cro;.:wrvr)ts ertv """"N"M 04-01:1 meaew" n>. urmrxrnr... n.,. .—e .. 1—..— ......... — SI- IC -81`. 2 OF 2 C:\ Users \B14422 \Downloads \Drainage Easement (2).docx Page 19 Exhibit B Benefited Property TRACT 1: 34.689 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 34.689 ACRES BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT B -1 ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. TRACT 2: 6.000 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 6.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1820, REAL PROPERTY RECORDS, BEXAR COUNTY, RECORDS, AND A PORTION OF A CALLED 5.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1823, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS. SAID 6.000 ACRES BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT B -2 ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. C:\ Users \614422 \Downloads \Drainage Easement (2).docx Page 110 EXHIBIT B -1 TRACT 1 34.689 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 34.689 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE NORTH 62 DEGREES 34 MINUTES 01 SECONDS EAST 18.13 FEET ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD FOUND WITH CAP MARKED "3959 "; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE RIGHT HAVING THE FOLLOWING PARAMETER: RADIUS= 686.78 FEET, ARC LENGTH= 600.09 FEET, CHORD BEARING= NORTH 85 DEGREES, 14 MINUTES, 26 SECONDS EAST AND CHORD LENGTH= 581.18 FEET TO 1/2" IRON ROD FOUND; THENCE SOUTH 71 DEGREES 08 MINUTES 03 SECONDS EAST 15.35 FEET CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD SET WITH CAP MARKED "RPLS 5578 "; THENCE CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE LEFT HAVING THE FOLLOWING PARAMETERS: RADIUS= 603.70 FEET, ARC LENGTH= 31.18 FEET, CHORD BEARING= SOUTH 70 DEGREES 44 MINUTES 12 SECONDS EAST AND CHORD LENGTH= 31.18 FEET TO A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 45.68 ACRE TRACT AND THIS TRACT; THENCE SOUTH 29 DEGREES 56 MINUTES 57 SECONDS EAST 1916.54 FEET ALONG THE EAST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 16 SECONDS WEST 841.28 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE WEST LINE OF SAID 45.68 ACRE TRACT MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE NORTH 23 DEGREES 03 MINUTES 32 SECONDS WEST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TO THE POINT OF BEGINNING AND CONTAINING 34.689 ACRES OF LAND. C;\ Users \814422 \Downloads \Drainage Easement (2).docx Page 111 EXHIBIT B -2 TRACT 2 6.000 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 6.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1820, REAL PROPERTY RECORDS, BEXAR COUNTY, RECORDS, AND A PORTION OF A CALLED 5.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1823, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS. SAID 6.000 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE SOUTH 23 DEGREES 03 MINUTES 32 SECONDS EAST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND THENCE NORTH 59 DEGREES 32 MINUTES 16 SECONDS EAST 364.93 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD SET WITH CAP MARKED "5578" SET FOR THE POINT OF BEGINNING OF THIS TRACT; THENCE NORTH 59 DEGREES 32 MINUTES 16 SECONDS EAST 476.35 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE EAST LINE OF SAID 45.68 ACRE TRACT; THENCE SOUTH 29 DEGREES 59 MINUTES 04 SECONDS EAST 548.78 FEET ALONG THE EASTERLY LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 33 MINUTES 42 SECONDS WEST 385.16 FEET TO A 1/2" IRON ROD FOUND WITH CAP MARKED "4350" MARKING THE MOST EASTERLY CORNER OF SAID 5.000 ACRE TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 07 SECONDS WEST 91.19 FEET TO A 1/2" IRON ROD SET WITH CAP MARKED "5578" MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE NORTH 29 DEGREES 59 MINUTES 04 SECONDS WEST 548.62 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.000 ACRES OF LAND. C:\ Users\BJ4422\Downloads\Drainage Basement (2).docx 12